HomeMy WebLinkAbout2004-02-05 SPR WAIVER 8/12/2011 C
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o� {NO 0, Town of North Andover
Office of the Planning Department
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North Andover,Massachusetts 01845
NOTICE OF DECISION w SITE PLAN REVIEW WAIVER
Date of Decision: August 12,2011
Application of: Eaglewood Properties,LLC
P.O.Box 337
Topsfield,MA 01"3
Property Owner: Englewood Properties,LLC
P.O.Box 337
Topsfield,MA 01983
Premises Affected: Route 114,North Andover Assessors Maps 24,Parcels 16& 17,and Map 27,
Parcel 22.
HISTORY AND BACKGROUND
On September 19, 2003,Englewood Properties,LLC filed an Application for a Site Plan
Review Special Permit with the Planning Board pursuant to Section 9.3, l 0.3, 10.31 and 13 of
the Town of North Andover Zoning Bylaws. On February 5,2004 the Planning Board
unanimously voted to grant the Original Applicant a Site Plan Review Special Permit for the
Premises affected and proceeded to issue a Special Permit Decision approving the Project.
On July 14,2011,Ross Hamlin, Englewood Properties Manager,requested a Waiver of
Site Plan Review with respect to an increase in the approved amount of square footage to be
occupied by a new restaurant. Condition.6Xof the original Special Permit specifies that if the
applicant wishes to open a restaurant that exceeds 9,000 s.f.,as referenced in the approved plans,
the applicant must demonstrate that adequate additional parking exists on site as defined in
Section 8.1 of the Town of North Andover Bylaw. The applicant has submitted the following
information:
+ The new restaurant is expected to have 90-- 100 seats and 3,500 sq. ft. of space.
According to the Zoning Bylaw, Section 8.1,the required amount of parking spaces is
52.5.
+ The original plans include 430 spaces, 135 of which were allocated to restaurant use,
The current requirement for the existing restaurants is 105 spaces,,leaving 30 sp#ces for
new restaurant use.
Pease m 10:
f0003166e;0) Hamish Jeray Mitchell&Resh,LLP
94 Main Street,Suite 300
Wat m,MA 02452
Bk 12587 Pg321 #19417
The Shelter Group
1275 Turnpike St.,Map 107A,Parcel 149
Site Plan Review and Continued Care Retirement Special Permit(Insubstantial Change Decision)
July 13,2011
* Since the project was completed,the parking area has been restriped,adding 13 spaces,
for a total of 443 spaces, By adding the existing 30 spaces and 13 new spaces, the deficit
of spaces for the new restaurant is 9.5 -(52.5-(30+13))
FINDINGS OF FACT
The proposed additional restaurant use has been detennined to be minor and can be completed
without further review by the Planning Board, according to the following:
i.) The proposed change fails into the category as defined in Section 8.3.a.i,which states
that the change is one of location and layout of the parking area.
ii.) The Zoning Bylaw Section 8.1.8.e allows for reduced parking where two or more
uses or activities provide the parking in the common parking area,and if the parking
demand of those uses is so different that a lower total will provide adequately for all
uses. The Eaglewood facility does provide for retail and restaurant uses,each with
different peak parking requirements.
The proposed changes are therefore deemed insubstantial and not materially different than the
approved plan,referenced in the February 5,2004 Special Permit Decision,
CONDITIONS
The Planning Board's finding of no substantial change is conditioned on the following:
• This Decision shalt be recorded with the Registry of Deeds and evidence of
recording is to be provided to the Planning Department.
Town of North Andover
Planning Department
By:
J th M. Tymon
T wn Planner
Dated: August 15,2011
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